NR 18.10(1)(c)(c) The apprentice class permittee may possess one wild American kestrel (Falco sparverius) or red-tailed hawk (Buteo jamaicensis) and may not obtain more than one wild raptor for replacement during any 12–month period, August 1 to July 31. NR 18.10(1)(d)(d) An apprentice class permittee may not possess an eyas or a raptor that is imprinted on humans. NR 18.10(1)(e)(e) The apprentice class permittee may not possess a raptor taken from the wild as a nestling. NR 18.10(2)(a)(a) A general class permittee shall be at least 18 years old and shall have at least 2 years experience in the practice of falconry at the apprentice level and receive a written recommendation from the sponsor or produce documentation, acceptable to the department, of qualified experience exceeding 2 years including maintaining, training, flying, and hunting with a raptor for at least 4 months in each year. NR 18.10(2)(b)(b) A general class permittee may not possess more than 3 wild or captive-bred raptors and may not obtain more than 2 raptors from the wild during any 12–month period, August 1 to July 31. NR 18.10(2)(c)(c) A general class permittee may take and possess any species of Accipitriform, Falconiform, or Strigiform except a golden eagle, a bald eagle, a white-tailed eagle (Haliaeetus albicilla), or a Steller’s sea eagle (Haliaeetus pelagicus). A general class permittee may use captive-bred individuals and hybrids of the species the permittee is allowed to possess. A general class permittee may not possess any endangered or threatened species listed in s. NR 27.03 unless it is captive-reared and marked with a band provided by the fish and wildlife service. NR 18.10(3)(a)(a) A master class permittee shall have at least 5 years experience in the practice of falconry at the general class level. NR 18.10(3)(b)(b) A master class permittee may not possess more than 5 wild raptors, and may not obtain more than 2 raptors from the wild during any 12–month period, August 1 to July 31. A master class permittee, however, may possess any number of captive-bred raptors as long as the master class permittee trains them in the pursuit of wild game and uses them in hunting. NR 18.10(3)(c)(c) A master class permittee may take and possess any species of Accipitriform, Falconiform, or Strigiform, except a bald eagle. A permittee may not take, transport or possess any endangered or threatened species listed in s. NR 27.03, except captive-reared species and passage (first-year migrant) peregrine falcons (Falco peregrinus) marked with a band provided by the fish and wildlife service. NR 18.10(3)(d)(d) A master class permittee may not take, transport, or possess as part of the permittee’s 5-bird limitation, more than one raptor listed as a federally threatened species as prescribed by 50 CFR 21.29 (e) (3) (v). NR 18.10(3)(e)(e) A master class permittee may take and possess a golden eagle, a white-tailed eagle, or a Steller’s sea eagle only if the permittee meets the following requirements: NR 18.10(3)(e)1.1. Experience is required in handling large raptors, including the species handled and the type and duration of the experience. NR 18.10(3)(e)2.2. Two letters of reference are needed containing a concise history detailing the author’s experience with large raptors, which can include handling of raptors held by zoos, rehabilitating large raptors, or scientific studies involving large raptors. Each letter shall also assess the master class permittee’s ability to care for eagles and to fly them in falconry. An eagle possessed by a falconer counts against the individual limit of 5 raptors. The permittee shall mark the eagle with a band provided by the fish and wildlife service, and if desired implant an ISO-compliant (International Organization for Standardization) (134.2 kHz) microchip. The permittee shall report the band and microchip within 10 days at http://permits.fws.gov/186A, or submit a paper 3-186A form to the bureau or permittee’s tribe. NR 18.10 NoteNote: Paper copies of the 3-186A form can be obtained by contacting the Falconry Coordinator at the Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707-7921 or online at http://permits.fws.gov/186A. NR 18.10 HistoryHistory: Cr. Register, December, 1977, No. 264, eff. 1-1-78; am. (2) (d), (3) (c) and (d), Register, August, 1982, No. 320, eff. 9-1-82; emerg. am. (3) (c), eff. 9-15-89. am. (3) (c), Register, March, 1990, No. 411, eff. 4-1-90; r. (1) (b) 4. and (2) (b), am. (1) (a), (b) (intro.), 1. to 3., (c), (2) (a) and (3), r. and recr. (1) (d), renum. (12) (c) and (d) to be (2) (b) and (c) and am., Register, December, 1997, No. 504, eff. 1-1-98; CR 13-005: cr. (intro.), am. (1) (a), (b) (intro.), r. (1) (b) 1., cr. (1) (b) 1m., am. (1) (b) 2., 3., (c), (d), cr. (1) (e), am. (2), (3) (b) to (d), cr. (3) (e) Register July 2013 No. 691, eff. 8-1-13. NR 18.11NR 18.11 Duration of permits. A permit shall be valid for a period not to exceed 3 years, the period commencing on the date of issuance and expiring on July 31 of the third year following issuance. NR 18.11 HistoryHistory: Cr. Register, December, 1977, No. 264, eff. 1-1-78; r. and recr. Register, December, 1997, No. 504, eff. 1-1-98. NR 18.12NR 18.12 Taking and disposal restrictions. NR 18.12(1)(1) Resident permittee. No resident permittee may take, possess or transport a raptor from the wild without a falconry permit from the department’s bureau of endangered resources. NR 18.12(2)(a)(a) Trapping permits may be issued to nonresidents meeting the qualifications of the permittees in s. NR 18.10. NR 18.12(2)(b)(b) Nonresidents may not apply for more than one trapping permit per trapping season. NR 18.12(2)(c)(c) The nonresident raptor trapping permittee shall immediately upon capture mark a raptor trapped under a nonresident raptor trapping permit with a federal band. No raptor may be transported within or from Wisconsin without the band attached. NR 18.12(2)(d)(d) The nonresident raptor trapping permittee shall notify the bureau within 5 days of any take and provide information on the take on forms provided by the bureau. NR 18.12(2)(e)(e) The nonresident raptor trapping permit shall be carried by the permittee while in the act of trapping and during the transportation of the trapped raptor. NR 18.12(2)(f)(f) Nonresidents may not take, possess, or transport any federal or Wisconsin endangered and threatened species. NR 18.12(3)(a)(a) Season. A general or master falconer may take eyasses annually during the periods of March 1 to April 5 and May 7 to July 15. Except as provided in sub. (2) (f), no more than 2 eyasses may be taken by the same general or master falconer permittee during the specified season. NR 18.12(3)(b)(b) Passage raptors. First-year (passage or immature) raptors may be taken from August 21 to January 31. NR 18.12(3)(c)(c) Federal Band. A raptor that has a federal band attached may be re-trapped at any time. NR 18.12(3)(d)(d) Northern goshawk. No person may possess a northern goshawk (Accipiter gentilis) taken from the wild or acquired from a rehabilitator unless it is marked as required by this subsection. NR 18.12(3)(d)2.2. When banding a northern goshawk, a permanent, non-reusable, numbered fish and wildlife service leg band supplied by the bureau or permittee’s tribe shall be used. The falconer also may purchase and implant an ISO (International Organization for Standardization)-compliant (134.2 kHz) microchip in the bird. NR 18.12(3)(d)3.3. The band number and microchip information shall be reported within 10 days from the day the falconer takes the goshawk from the wild or from a rehabilitator by entering the required information (including band number and/or microchip information) in the electronic database at http://permits.fws.gov/186A, or by submitting a paper 3-186A form to the bureau or to the permittee’s tribe. NR 18.12 NoteNote: Paper copies of the 3-186A form can be obtained by contacting the Falconry Coordinator at the Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707-7921.
NR 18.12(3)(d)4.4. No person may take a northern goshawk on U.S. department of agriculture national forest land unless a written description of the location of the take, satisfactory to the forest supervisor or designee, is provided to the forest supervisor or designee prior to any take. NR 18.12 NoteNote: The national forests, consistent with the Multiple Use-Sustained Yield Act of 1960 (16 USC 528) and the Federal Land Policy Management Act of 1976 (16 USC 1701-1784), are managed for wildlife purposes. Data regarding the populations and take of the northern goshawk on the national forest is relevant to goshawk management. The Forest Service may implement protection measures for the northern goshawk that may include the closing of areas of land within the national forest to the take of goshawks. Information on the location of national forest land may be obtained from: Chequamegon/Nicolet Forest Supervisor, Federal Building, 68 S. Stevens Street, Rhinelander, WI 54501. NR 18.12(4)(a)(a) A raptor held under a permit shall be marked with a fish and wildlife service non-reusable band provided by the bureau. NR 18.12(4)(c)(c) No person may alter, counterfeit or deface a federal band or ISO-compliant microchip. A permittee may, however, remove the rear tab on federal bands or ISO-compliant microchips and may smooth any imperfect surface provided the integrity of the federal band or microchip and numbering are not affected. NR 18.12(4)(d)(d) A permittee who traps a previously marked raptor shall immediately report the trapping to the bureau, and include information on the species, location (county, township, section, quarter section, quarter-quarter section), and band identification. NR 18.12(4)(e)(e) If a band is removed or is lost from a raptor in possession, the permittee shall report the loss of the band within 10 days, and shall do one of the following: either request a fish and wildlife service non-reusable band from the bureau or permittee’s tribe, or purchase and implant an ISO-compliant (134.2 kHz) microchip in the bird and report the band or microchip at http://permits.fws.gov/186A, or by submitting a paper 3-186A form to the bureau or permittee’s tribe within 10 days of band or microchip acquisition. NR 18.12(5)(5) Eggs taken from the wild. No person may remove any raptor egg or eggs from any nest unless permitted under a scientific collector’s permit issued by the department’s bureau of endangered resources. NR 18.12(6)(6) Nestling raptors. General and master class permittees may take eyasses under s. NR 18.10 on the condition that no less than one healthy chick is left in the nest from which the eyas was taken. NR 18.12(7)(7) Adult raptors. Except as otherwise authorized, a permittee may not take from the wild or possess any raptor taken from the wild if the raptor is over one year old when taken. This subsection does not apply to American kestrel or great horned owl (Bubo virginianus). NR 18.12(7m)(7m) Raptors taken under other permits. Raptors other than state and federally endangered or threatened species that have been taken under a depredation permit or scientific collector’s permit may be used for falconry by general and master class permittees. NR 18.12(8)(8) Raptors taken in Wisconsin. A licensed falconer who legally takes a raptor from the wild has legal title to the raptor, subject to s. 169.02, Stats. NR 18.12(9)(9) Raptors from outside Wisconsin. Raptors obtained outside the state by Wisconsin residents may not be possessed or transported within Wisconsin unless the person possesses legal authority from the state in which the raptor was acquired and a Wisconsin falconry permit. A Wisconsin falconry permittee may possess a wild raptor legally obtained outside the state or a properly identified captive-bred raptor obtained from a resident of another state. NR 18.12(10)(10) Escape or death of raptors. A permittee shall report the loss or death of any raptor within 5 days to the bureau. Carcasses shall be disposed of as directed by the fish and wildlife service. NR 18.12 NoteNote: Forms may be obtained from the Bureau of Endangered Resources, Box 7921, Madison, WI 53707.
NR 18.12 NoteNote: In addition, all persons must comply with applicable requirements of federal migratory bird permit regulations contained in 50 CFR 21. NR 18.12(11)(11) Exchange of raptors. No person may give or transfer a raptor to a holder of a Wisconsin permit unless the exchange is reported to the bureau by the permittee originally holding the raptor within 10 days of the gift or transfer. If a permittee transfers a raptor taken from the wild to another permittee in the same year in which it is captured, the bird shall count as one of the raptors allowed to be taken from the wild that year by the transferor. The transferred raptor will not count as a capture by the recipient, though it shall always be considered a wild bird. NR 18.12(12)(a)(a) All live traps used in taking raptors shall be of a design to offer minimum harm to captured birds and shall be monitored by the permittee at all times. NR 18.12(12)(b)(b) Each trap shall bear a legible label containing the name, address and state falconry permit number of the permittee or non-resident raptor training permit number. NR 18.12(13)(13) Training of raptors. Persons may not train raptors by using or killing game birds out of season; however, legally obtained captive-bred game birds may be used for this purpose. Game birds possessed by a permittee shall be treated in a humane manner and confined under sanitary conditions with proper care. NR 18.12(14)(14) Captive reared raptors. A raptor hatched and reared in captivity, and banded with a seamless metal band provided by the fish and wildlife service, may be used for falconry. The raptor may also have an implanted ISO-compliant (134.2 kHz) microchip. NR 18.12(15)(15) Capture and possession of golden eagles. A master falconer may capture a golden eagle as allowed under 50 CFR part 22. NR 18.12 HistoryHistory: Cr. Register, December, 1977, No. 264, eff. 1-1-78; r. and recr. (8), Register, August, 1979, No. 284, eff. 9-1-79; cr. (11), Register, August, 1982, No. 320, eff. 9-1-82; emerg. cr. (12), eff. 9-15-89; cr. (12), Register, March, 1990, No. 411, eff. 4-1-90; r. and recr. Register, December, 1997, No. 504, eff. 12-1-98; CR 13-005: am. (2) (a), (c), (d), (f), (3) (a) to (c), cr. (3) (d), am. (4) (a) to (d), cr. (4) (e), r. and recr. (7), cr. (7m), r. and recr. (8), am. (9) to (11), (12) (b), (13), (14), cr. (15) Register July 2013 No. 691, eff. 8-1-13; CR 23-025: am. (14) Register March 2024 No. 819, eff. 4-1-24. NR 18.13(1)(1) Care of falconry raptors by another falconry permittee. Another falconry permittee may care for a raptor or raptors at their facilities or at the original permittee’s facilities for up to 120 consecutive days if the bird has a suitable perch and is protected from predators, domestic animals, extreme temperatures, wind, and excessive disturbance. The person providing care shall have a signed and dated statement from the permittee authorizing the temporary possession, and a copy of the FWS 3-186A form that shows the possession of each of the raptors. The statement shall include information about the time period for which the raptor may be kept and activities authorized by the original permittee. A copy of the statement shall be sent to the bureau within 10 days of the possession of a raptor. In all such care situations all of the following shall apply: NR 18.13(1)(a)(a) A permittee’s raptor shall remain on the permittee’s falconry permit, and will not be counted against the possession limit of the person caring for another permittee’s raptor. NR 18.13(1)(b)(b) If the person caring for a raptor holds the appropriate level falconry permit, the person may fly the raptor as authorized by the permittee, including for hunting purposes. NR 18.13(1)(c)(c) The care of a raptor may be extended indefinitely by the department in extenuating circumstances, such as illness, military service, or for a family emergency. NR 18.13(1m)(1m) Care of falconry raptors by a non-permittee. Another person may care for falconry birds at the permittee’s facilities for up to 45 consecutive calendar days, provided that: NR 18.13(1m)(a)(a) The raptor or raptors shall remain on the permittee’s falconry permit. NR 18.13(1m)(b)(b) The raptor or raptors shall remain in the permittee’s facilities. NR 18.13(1m)(c)(c) The person providing care for a raptor or raptors under this subsection may not fly the raptor or raptors for any purpose. NR 18.13(2)(2) Care of falconry raptors by a licensed wildlife rehabilitator. Diseased or injured raptors may be transported to the nearest, qualified rehabilitation facility. A report of the event including the diagnosis by the facility shall be filed with the department’s bureau of endangered resources within 5 days of the occurrence. NR 18.13 HistoryHistory: Cr. Register, December, 1977, No. 264, eff. 1-1-78; am. (1) (b) 1. and (2), Register, December, 1997, No. 504, eff. 12-1-98; CR 13-005: r. and recr. (1), cr. (1m), (2) (title) Register July 2013 No. 691, eff. 8-1-13. NR 18.14(1)(1) Temporary holding. A raptor may be transported or held in temporary facilities for a period not to exceed 120 days. Such facilities shall provide an adequate perch and protection from extreme temperatures and excessive disturbance. NR 18.14(2)(2) Out-of-state use. A resident permittee may transport raptors possessed as authorized under this chapter to another state for meets, trials, hunting, and other falconry activities provided the permittee obtains all permits or licenses required by the other state. NR 18.14(3)(3) In-state use. Except for species listed in s. NR 27.03, nonresidents may possess and transport raptors authorized by permit by their state of residency into Wisconsin without additional license. NR 18.14 HistoryHistory: Cr. Register, December, 1977, No. 264, eff. 1-1-78; r. and recr. Register, August, 1979, No. 284, eff. 9-1-79; cr. (3), Register, August, 1982, No. 320, eff. 9-1-82; am. (2) and (3), Register, December, 1997, No. 504, eff. 12-1-98; CR 13-005: am. (1), (2) Register July 2013 No. 691, eff. 8-1-13. NR 18.15NR 18.15 Release of marked raptors. NR 18.15(1)(1) Release to the wild. A falconry permit holder shall obtain written authorization from the bureau before a raptor of any species not indigenous to Wisconsin is intentionally released to the wild in Wisconsin, at which time the band from the bird shall be removed. The band from an intentionally released wild raptor that is indigenous to Wisconsin shall also be removed. A seamless band on a captive-reared raptor shall remain on the bird if it is released. A standard federal band shall be attached to the birds by a state or USFWS-authorized federal bird-bander whenever possible. NR 18.15(2)(2) Hybrids. Hybrid raptors shall be imprinted on humans or be surgically sterilized if they are to be used in falconry. When flown, a hybrid shall have two attached radio telemetry transmitters that may allow the permittee to locate the bird if the permittee needs to do so. Permanent release of hybrids to the wild is prohibited. NR 18.15(3)(3) Hacking. Hacking as defined in s. NR 18.01 (7), shall be permitted. All hybrid raptors shall have two attached functioning radio telemetry transmitters during hacking. NR 18.15 HistoryHistory: Cr. Register, December, 1977, No. 264, eff. 1-1-78; am. Register, December, 1997, No. 504, eff. 1-1-98; CR 13-005: renum. 18.15 to (1) and am., cr. (2), (3) Register July 2013 No. 691, eff. 8-1-13. NR 18.16NR 18.16 Permit conditions. In addition to the general conditions in this chapter, every falconry permit and nonresident raptor trapping permit issued shall be subject to all of the following special conditions: NR 18.16(1)(1) Prohibitions. A permittee may not take, possess or transport a raptor nor assist any other person in taking, possessing or transporting a raptor in violation of the restrictions, conditions and requirements contained in this chapter. NR 18.16(2)(a)(a) In state transfer. A permittee may transfer a raptor to another permittee if the transaction occurs entirely within the state and no money or other consideration is involved, except that properly marked captive-bred raptors may be sold to another permittee.
/exec_review/admin_code/nr/001/18
true
administrativecode
/exec_review/admin_code/nr/001/18/12/3
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
administrativecode/NR 18.12(3)
administrativecode/NR 18.12(3)
section
true